Res. No. 047-03-11596RESOLUTION NO.47-03-11 596
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,ACCEPTING A
GRANT FROM THE LAND AND WATER CONSERVATION
FUND (LWCF)IN THE AMOUNT OF $100,000 FOR VARIOUS
IMPROVEMENTS TO BREWER PARK;AUTHORIZING THE
CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS
AND DOCUMENTS;AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,the Florida Department of Environmental Protection's Land&Water
Conservation Fund (LWCF)Program helps communities tomeet their recreational needs;and
WHEREAS,theCity of SouthMiamisubmittedan application toobtain $100,000 forthe
purpose of renovatingBrewerPark;and
WHEREAS,theFlorida Department of Environmental Protection has awarded theCity
$100,000 forthe Brewer Park improvement project;and
WHEREAS,the grant requires a dollar-for-dollar matchthatwould consist of the City's
$200,000 Safe Neighborhood ParksGrantforthisproject;
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1.TheCity Manager is authorized toacceptthe LWCF grant inthe amount
of $100,000.
Section 2.TheCity Manager is authorized to execute contracts and other applicable
documents relating tothe acceptance of the LWCF Grant award.
Section 3.This resolution shalltakeeffect immediately upon arrival.
PASSED AND ADOPTED this 18 th day of March (2003.
ATTEST:,APPROVED:
AYOR
Commission vote:5-0
READ AND APPROVED ASTOFORM:Mayor Feliu:Yea
Vice Mayor Russell:yea
Commissioner Bethel:Yea
Commissioner McCrea:Yea
Commissioner Wiscombe:Yea/^j^jLa-
CITY ATTORNEY
South Miami
K9EZZX9
2001
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Honorable Mayor,ViceMayor
andCity Commission
From:Sanford A.Youkilis
Acting City Manager
Date:March 18,2003
Subject:Agenda Item #H
Acceptance of a LWCF Grant for
Brewer Park
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA,ACCEPTING A GRANT FROM THE LAND
AND WATER CONSERVATION FUND (LWCF)IN THE AMOUNT OF
$100,000 FOR VARIOUS IMPROVEMENTS TO BREWER PARK;
AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE
CONTRACTS AND DOCUMENTS-;AND PROVIDING FOR AN EFFECTIVE
DATE.
BACKGROUND AND ANALYSIS
TheCityof South Miami previously applied tothe Land andWater Conservation Fund Program
administered bytheFlorida Department of Environmental Protection.This program awards funds for
park land acquisition andpark development projects.Pursuant toits application,theCityof South Miami
was awarded the sum of $100,000 for renovations at Brewer Park.
This program requires a dollar-for-dollar matching contribution.Eighty percent ofthe matching is
required tobe provided through in-kind services,andthe remaining twenty percent mustbe provided in
cash.ThecashcontributionwillbeprovidedbytheParksandRecreationDepartmentoverthespan of
thegrantperiod.
TheattachedresolutionwillallowtheCityManagertoexecutethecontractsanddocumentsnecessaryto
receivethemoneyandmoveforwardwiththisimportant endeavor.
RECOMMENDATION
Approvalisrecommended.
Attachment:LWCF Grant Contract
SAY/OC
12-00437 LW437
(LWCFProjectNumber)DEPContract Number
CFDA Number:15-916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FFY 2001-2002
PROJECT AGREEMENT -DEVELOPMENT
This Project Agreement is entered intobetweentheSTATEOF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,whose addressis
3900 Commonwealth Boulevard,Tallahassee,Florida 32399-3000
(hereinafter called the"Department"),andthe CITY OFSOUTH
MIAMI,whose address is 6130 Sunset Drive,South Miami,Florida
33143 (hereinafter calledthe "Grantee"),a local government,in
furtherance ofthe Brewer Park Improvements project,an approved
outdoor recreation project.
WHEREAS,the Department receives funds forthe purpose of
passing through the agency as grants to other entities in
accordance with Section 375.021(4),FloridaStatutes;and,
WHEREAS,Chapter 375,Florida Statutes,further authorizes
the Department to receive grants for outdoor recreation and
conservation;and,
WHEREAS,the Grantee has submitted Project Application
number 309,which hasbeenapprovedbytheDepartment.
NOW THEREFORE,in consideration ofthemutual covenants
contained herein,the Department andGranteedoherebyagreeas
follOWS:
1.This Project Agreement shall be effective upon execution of
this Project Agreement and end no later than 36 months from
execution of the Project Agreement,inclusive.The Project
Agreement shall be performed in accordance with Chapter
62D-5,Part VII,Florida Administrative Code,(hereinafter
called the Rule),the LandandWater Conservation Fund
(LWCF)Actof 1965,Public Law 88-578,78 Stat 897,as
amended,(hereinafter called the Program),and in
accordance with general provisions forsuch agreements
prescribed by the United States Department of the Interior
(hereinafter called the USDOI)in the LWCF Grants-in-Aid
Manual,(hereinafter called the Manual).The Grantee agrees
DEP Agreement No.LW437 Page 1of 14
to become familiar withall provisions and comply with the
Rule,effective July 15,2001,andManual,which are
incorporated intothisProject Agreement byreference,as
iffullysetforth herein.Intheeventadisputeshould
arise between the parties concerning the intent ofany
languageherein contained,thesameshallbe resolved by
the adoption of that meaning which furthers the intent and
purpose of the above referenced Acts of Congress and the
generalprovisionsgoverningthisProjectAgreementasset
forth in the Manual.No construction shall be contrary to
the requirements ofthe Acts of Congress orof the
regulations ofthe Secretary ofthe Interior.
2.The Department has found that public outdoor recreation is
the primary purpose of the project known as Brewer Park
Improvements(LandandWaterConservation Fund,LWCF
Project Number 12-00437),hereinafter called the Project,
andentersintothisProjectAgreementwiththeGranteefor
the development of that real property,the legal
description ofwhich shall be submitted tothe Department
as described inthe Land and Water Conservation Fund
Program Approved Project Documentation Form,DEPForm FPS-
A048.The Approved Project Application,which includes the
Project Elements (description of project,detailed budget,
and anticipated deliverables),is incorporated into this
Project Agreement by reference as if fully set forth
herein.Any revisions to the Project Elements as set forth
inthe Approved Project Application must be formally
requested by the Grantee and,if agreed upon by the
Department,the modifications will be reduced to writing in
an amendment to this Agreement.
3.TheGranteeshall construct,orcausetobe constructed,
specified public outdoor recreation facilities and
improvements consisting of the following Project Elements
which may be modified by the Department if Grantee shows
good cause:fishing pier,picnic facilities,playground,
lighting,landscaping and renovation of tennis,handball
andbasketball courts,playground equipment,parkingand
other related support facilities.
4.The Project Elements identified in Paragraph 3 herein shall
be designed and constructed substantially in accordance
with the conceptual site development plan contained in the
Project Application.Project Site facilities shall be
attractive for public use,and generally consistent and
compatible with the environment.Plans and specifications
for Project Site improvements and facilities shall be in
accordwith current and established engineeringand
architectural standards and practices.Emphasis should be
DEP Agreement No.LW437 Page 2 of 14
given to the health and safety of users,accessibility to
the general public,and the protection of the recreational
andnaturalvaluesofthe area.Thissite development plan
may be altered by the Grantee,only after approval by the
Department.Any and all utility lines installed within the
park shall be placed underground.The Grantee shall have
the final site development plan (site engineering and
architectural)prepared bya registered architect or
engineer licensed in accordance with the laws of the State
of Florida.
5.A.The Department shall pay theGranteeona
reimbursement basistheeligibleGrantamountnotto
exceed $200,000.00/which willpaysaid federal
Program's share of the cost of the Project.Program
funding limits are based upon the following:
Total Department Program Amount $100,000.00
Grantee Match Amount $100,000.00
Total Project Cost $200,000.00
Type of Match [Cash and/or In-kind Services]
B.Within sixty (60)days after receipt of the request,
the Department's Grant Manager shall review the
completion documentation and payment request from the
Grantee for the Project.If the documentation is
sufficient and meets the requirements of the Land and
Water Conservation Fund Program Completion
Documentation Form,DEP Form FPS-A051,referenced in
s.62D-5.073(7)(e)2,the Department will approve the
request for payment.
6.In addition to the invoicing requirements contained in
paragraph 5 above,the Department will periodically request
proof of a transaction (invoice,payroll register,etc.)to
evaluate the appropriateness of costs to the Agreement
pursuant to State and Federal guidelines (including cost
allocation guidelines),as appropriate.This information
when requested must be provided within 30 calendar days of
such request.The Grantee may also be required to submit a
cost allocation plan to the Department in support of its
multipliers (overhead,indirect,general administrative
costs,and fringe benefits).All bills for amounts due
under this Agreement shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
State guidelines for allowable costs can be found in the
State Comptroller's Voucher Processing Handbook at
http://www.dbf.state.f1.us/aadir/tochandbk.html and allowable
DEP Agreement No.LW437 PaSe 3of 14
costs for federal programs •can -be found under 48 CFR Part
31 at http://www.access.qpo.gov/nara/cfr/cfr-table-search.html
and OMB Circulars A-87,A-122,A-21,at
http://www.whitehouse.gOv/omb/circulars/index.html#numerical.
7.Reimbursement for travel expenses is not authorized under this
Project Agreement.
8.The Grantee agrees to comply with the Division of Recreation
and Parks'Grant and Contract Accountability Procedure,
hereinafter called the Procedure and incorporated into this
Project Agreement by reference as if fully set forth herein.
All purchases of goods and services for accomplishment of
the Project shall be secured in accordance with the
Grantee's adopted procurement procedures.Expenses
representing the Project costs,including the required
matching contribution,shall be reported to the Department
and summarized on certification forms provided in the
Procedure.The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed
under the Project.The parties further agree that the
principles for determining the eligible costs,supporting
documentation and minimum reporting requirements of the
Procedure shall be used.
9.Allowable indirect costs as defined in the Procedure shall
not exceed 15%of the Grantee's eligible salaries/wages.
Indirect costs that exceed 15%must be approved in advance
in writing by the Department to be considered eligible
Project expenses.
10 Project funds may be reimbursed for eligible Preagreement
Expenses (as defined in s.62D-5.069 (31)of the Rule)
incurred by Grantee prior to execution of this Project
Agreement as set forth in S.62D-5.073 (2)(a)of the Rule.
The Department and the Grantee fully understand and agree
that there shall be no reimbursement of Project funds by
the Department for any expenditure made prior to the
execution of this Project Agreement with the exception of
the following expenditures which meet the requirements of
the foregoing sections ofthe Rule.
Preagreement Costs Approved:None
11.Prior to commencement of Project development,the Grantee
shall submit the documentation required by the Land and
Water Conservation Fund Program Development Project
Commencement Documentation Form,DEP Form FPS-A050,
referenced in s.62D-5.073 (7)(e)of the Rule,to the
Department.Upon determining that the documentation
DEP Agreement No.LW437 PaSe 4of 14
complies with the Rule,the Department will give written
notice toGranteetocommencethe development andapprove
the request for payment.
Therefore,the Grantee shall formally acknowledge receipt
of the following documents after execution of this Project
Agreement.It is understood that the documents listed below
must be filled out by the Grantee and returned to the
Department after execution of this Project Agreement.
Required Project Commencement Documentation for Development
Agreements:
A)Boundary Survey
B)Title Search
C)Certification of Manual Possession
D)Site Plan (2 copies)
E)List of Facilities and Improvements for
Construction with Related Costs
F)Permitting Certification
G)Division of Recreation and Parks'Grant and
Contract Accountability Procedures.
12.The Grantee shall obtain all required local,state and
federal permits and approvals prior to commencement of
Project construction and shall certify that it has done so
to the Department by completing the Permitting
Certification,DEP Form FPS-A052,referenced in s.62D-
5.073(7)(e)(1)of the Rule.
13.The Grantee shall complete all Project construction by the
completion dateof •
14.Project completion means the Project is open and available
for use by the public.The Project must be completed prior
to release of final reimbursement.
15.The Grantee shall maintain books,records and document
directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles
consistently applied.The Department,the State,or their
authorized representatives shall have access to such
records for audit purposes during the term of this
Agreement and for five years following Agreement
completion.In the event any work is subcontracted,the
Grantee shall similaly require wach subcontractor to
maintain and allow access to such records for audit
purposes.
DEP Agreement No.LW437 Pa8e 5of 14
16.In addition to the provisions*contained in Paragraph 15
above,the Grantee shall comply with the applicable
provisions contained in Attachment A.A revised copy of
Attachment A,Exhibit-1,mustbeprovidedtotheGrantee
witheachamendmentwhichauthorizesafundingincreaseor
decrease.Therevised Exhibit-1 shall summarize the
funding sources supporting the Project Agreement for
purposes of assisting the Grantee in complying with the
requirements of Attachment A.If the Grantee fails to
receive a revised copy of Attachment A,Exhibit-1,the
Grantee shall notifythe Department's Grant Manager at
850/488-7896 to request a copy of the updated information.
17.Following receipt of an audit report identifying any
reimbursementduetheDepartmentfortheGrantee's
noncompliance with this Project Agreement,the Grantee will
be allowed a maximum of thirty (30)days to submit
additional pertinent documentation to offset the amount
identified as being due to the Department.The Department,
following a review of the documentation submitted by the
Grantee,will inform the Grantee of any reimbursement due
the Department.
18.The Grantee,as an independent contractor and not an agent,
representative,or employee of the Department,agrees to .
carry adequate liability and other appropriate forms of
insurance.The Department shall have no liability except
as specifically provided in this Project Agreement.
19.To the extent required by law,the Grantee will be
self-insured against,or will secure and maintain during
the life of this Agreement,Workers'Compensation Insurance
for all of its employees connected with the work of this
Project and,in case any work is subcontracted,the Grantee
shall require the subcontractor similarly to provide
Workers'Compensation Insurance for all of the latter's
employees unless such employees are covered by the
protection afforded by the Grantee.Such self-insurance
program or insurance coverage shall comply fully with the
Florida Workers'Compensation law.In case any class of
employees engaged in hazardous work under this Agreement is
not protected under Florida Workers'Compensation law,the
Grantee shall provide,and cause each subcontractor to
provide,adequate insurance satisfactory to the Department,
for the protection of those employees not otherwise
protected.
20.The purchase of non-expendable equipment is not authorized
under the terms ofthis Agreement.
DEP Agreement No.LW437 Pa8e 6of 14
21.The Department's Grant Manager for the purpose of this
Project Agreement shall be responsible for ensuring
performance of its terms and conditions and shall approve
all reimbursement requests prior to payment.The Grantee's
Liaison Agent (also known as Grantee's Grant Manager),as
identified in the Project Application,or successor,shall
act on behalf of the Grantee relative to the provisions of
this Project Agreement.The Grantee's Liaison Agent,shall
submit tothe Department signed Project status reports
every ninety (90)days summarizing the work accomplished,
problems encountered,percentage of completion,and other
information whichmaybe requested bythe Department.
Photographs to reflect the construction work accomplished
shall be submitted when the Department requests them.Any
and all notices shall be deemed effective and sufficient if
sent via U.S.mail,facsimile (fax),orby hand-delivery to
the parties at the following addresses:
Grantee's Liaison Agent
Ms.Olga Cadaval,Grants Administrator
CityofSouthMiami
6130 Sunset Drive
South Miami,FL,33143
Phone:305/663-6318
Suncom Phone:
Fax:305/663-6345
Email:ocadaval@cityofsouthmiami.net
Department's Grant Manager
Collier Clark
Department of Environmental Protection
3900 Commonwealth Boulevard,MS585
Tallahassee,Florida 32399-3000
Phone:(850)488-7896
Suncom Phone:278-7896
Fax:(850)488-3665
Suncom Fax:278-3665
Email:collier.clark@dep.state.f1.us
22.Prior to final reimbursement,the Grantee must erect a
permanent information sign on the Project site which
credits Project funding or a portion thereof,from the Land
and Water Conservation Fund Program through the USDOI and
the Department.
23.The Department and USDOI have the right to inspect the
Project and any and all records related thereto at any
reasonable time.
DEP Agreement No.LW437 PaSe 7of 14
24.This Agreement may be unilaterally canceled by the
Department for refusal by the Grantee to allow public
access to all documents,papers,letters,or other material
made or received by the Grantee in conjunction with this
Agreement,unless the records are exempt from Section 24(a)
of Article I of the State Constitution and Section
119.07(1),Florida Statutes.
25.Prior to the closing of the Project the Department shall
have the right to demand a refund,either in whole or in
part,of the LWCF funds provided to the Grantee for non
compliance with the material terms of this Project
Agreement.The Grantee,upon such written notification from
the Department,shall refund,and shall forthwith pay to
the Department,the amount of money demanded by the
Department.Interest on any refund shall begin the date
that the Grantee was informed that a refund was required
until the total refund and interest is paid to the
Department.
26.If the United States,acting through the USDOI,the
Secretary of the Interior,or any other branch of the
government of the United States,acting within the scope of
its lawful authority,should for any reason demand a refund
from the Department,in whole or in part,of the funds
provided to the Grantee under the terms of this Project
Agreement,the Grantee,upon notification from the
Department,agrees to pay the refund and will forthwith
repay directly to the Department the amount of money
demanded.
27.The Grantee shall comply with all federal,state and local
laws,rules,regulations and ordinances in developing this
Project.The Grantee acknowledges thatthis requirement
includes compliance with all federal,state and local
health and safety rules and regulations including all
applicable building codes.The Grantee further agrees to
ensure that the Grantee's contract will include the
requirements of this paragraph in all subcontracts made to
perform this Project Agreement.
28 Competitive open bidding and purchasing for construction of
said Project facilities or improvements shall comply with
all applicable laws and the Manual.Following completion
of Project construction,the Grantee's Liaison Agent shall
provide the Department with a statement certifying that all
purchases or contracts for construction were competitively
bid pursuant to applicable law and the Manual.
DEP Agreement No.LW437 Page 8°f 14
29.If asphalt paving is required*for the Project it shall
conform to the Florida Department of Transportation's
specifications for road and bridge construction.Bid
specifications,contracts and/or purchase orders of the
Grantee must specify thickness of asphalt and square yards
to be paved.
30.By acceptance of the provisions of this Project Agreement,
the Grantee does hereby agree to dedicate the Project Site
and all land within the Project boundaries,identified in
Paragraph 2 herein,in perpetuity as an outdoor recreation
site for the use and benefit of the public,as stated in s.
62D-5.074(1)of the Rule.Execution of this Project
Agreement by the Department shall constitute an acceptance
of said dedication on behalf of the general public of the
State of Florida.The Grantee represents that it has
sufficient site control to enable this dedication.All
dedications must be promptly recorded in the county's
official public records bythe Grantee.
31 The Grantee agrees to operate and maintain the Project site
as stated in s.62D-5.074(2)of the Rule.The Project
site,Project-related facilities,andany future outdoor
recreation facilities developed on the Project site shall
be open to the general public for outdoor recreation use,
maintained in accordance with applicable health and safety
standards,and kept in good repair to prevent undue
deterioration and provide for safe public use.The Grantee
covenants that it has full legal authority and financial
ability to develop,operate and maintain said Project-
related facilities and improvements as specified within the
terms of this Project Agreement.The Grantee shall obtain
Department approval prior to anyand all current or future
development of facilities on the Project site,if said
development is not described in Paragraph 3 herein.
32.The Grantee shall not,for any reason,convert all or any
portion of the park for any purpose other than public
outdoor recreation without prior approval of the USDOI and
the Department pursuant to Section 6(f)(3)of the LWCF Act
and the Manual and s.62D-5.074(3)of the Rule.
33.Failure to comply with the provisions of the Rule or the
terms and conditions of this Agreement will result in
cancellation of the Project Agreement by the Department.
The Department shall give the Grantee in violation of the
Rule or this Project Agreement a notice in writing of the
particular violations stating a reasonable time to comply.
DEP Agreement No.LW437 Page 9of 14
34.in the event of conflict in the'provisions of the Rule,the
Project Agreement and the Project Application,the
provisions of the Rule shall control over this Project
Agreement and this Project Agreement shall control over the
ProjectApplication documents.
35.If the Department determines that site control is not
sufficient under the Rule or has been compromised,the
Department shall give the applicant a notice in writing and
a reasonable time to comply.If the deficiency cannot be
reasonably corrected within the time specified in the
notice,the Department shall cancel this Project Agreement.
36.In accordance with the LWCF Act,Program funds will be made
available contingent upon an annual appropriation to each
State by Congress.The State of Florida's performance and
obligation to pay under this Agreement is contingent upon
an annual appropriation of spending authority by the
Florida Legislature.The parties hereto understand that
this Agreement is not a commitment of future
appropriations.
37.A.The Grantee certifies that no Federal appropriated
funds have been paid or will be paid,onor after
December 22,1989,byoron behalf of the Grantee,to
any person for influencing or attempting to influence
an officer or employee of an agency,a Member of
Congress,an officer or employee of Congress,or an
employee of a Member of Congress,in connection with
the awarding,renewal,amending or modifying of any
Federal contract,grant,or cooperative agreement.If
any non-Federal funds are used for lobbying activities
as described above,the Grantee shall submit
Attachment B,Standard Form-LLL,"Disclosure of
Lobbying Activities"(attached hereto and made a part
hereof),and shall file quarterly updates of any
material changes.The Grantee shall require the
language of this certification to be included in all
subcontracts,and all subcontractors shall certify and
disclose accordingly.(43 CFR Part 18)
B.In accordance with Section 216.347,Florida Statutes,
the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying
the Legislature,the judicial branch or a state
agency.
38 A No person on the grounds of race,creed,color,
national origin,age,sex,marital status or
DEP Agreement No.LW437 Page 10 of 14
disability,shall be 'excluded from participation in;
be denied the proceeds or benefits of;or be otherwise
subjected to discrimination in performance of this
Proj ect Agreement.
B.An entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public
entity,may not submit a bid on a contract with a
public entity for the construction or repair of a
public building or public work,may not submit bids on
leases of real property toa public entity,may not
award or perform work as a contractor,supplier,
subcontractor,or consultant under contract with any
public entity,and may not transact business with any
public entity.The Florida Department of Management
Services is responsible for maintaining the
discriminatory vendor list and intends to post the
list on its website.Questions regarding the
discriminatory vendor list may be directed to the
Florida Department of Management Services,Office of
Supplier Diversity at (850)487-0915.
39.Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees and
agents.However,nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the
provisions of s.768.28,Florida Statutes,and other
statutes that provide immunity to the Department or the
State.
40.A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime
may not perform work as a grantee,contractor,supplier,
subcontractor,or consultant under a contract with any
public entity,and may not transact business with any
public entity in excess of the threshold amount provided in
s.287.017,Florida Statutes,or Category Two,for a period
of 36 months from the date of being placed on the convicted
vendor list.
41 A In accordance with Executive Order 12549,Debarment
and Suspension (43 CFR Part 12.100-.510),the Grantee
shall agree and certify that neither it,nor its
principals,is presently debarred,suspended,proposed
for debarment,declared ineligible,or voluntarily
excluded from participation in this transaction by any
federal department or agency;and,that the Grantee
shall not knowingly enter into any lower tier
DEP Agreement No.LW437 Page 11 °f 14
contract,or other covered transaction,witha person
who is similarly debarred or suspended from
participating in this covered transaction,unless
authorized inwritingbyUSDOItotheDepartment.
B.Upon execution of this Agreement by the Grantee,the
Grantee shall complete,sign and return a copy of the
form entitled "Certification Regarding Debarments,
Suspension,Ineligibility and Voluntary Exclusion -
Lower Tier Federally Funded Transactions",attached
heretoandmadeapart hereof as Attachment C.
C.As required by paragraphs A and B above,the Grantee
shall include the language of this section,and
Attachment C in all subcontracts or lower tier
agreements executed to support the Grantee's work
under this Agreement.
42.This Project Agreement has been delivered in the State of
Florida and shall be construed in accordance with the laws
of Florida.Wherever possible,each provision of this
Project Agreement shall be interpreted in such manner as to
be effective and valid under applicable law,but if any
provision of this Project Agreement shall be prohibited or
invalid under applicable Florida law,such provision shall
be ineffective to the extent of such prohibition or
invalidity,without invalidating the remainder of such
provision or the remaining provisions of this Project
Agreement.Any action hereon or in connection herewith
shall be brought in Leon County,Florida unless prohibited
by applicable law.
43 No delay or failure to exercise any right,power or remedy
accruing to either party upon breach or default by either
party under this Project Agreement,shall impair any such
right,power or remedy of either party;nor shall such
delay or failure be construed as a waiver of any such
breach or default,or any similar breach or default
thereafter.
44 This Project Agreement is not intended nor shall it be
construed as granting any rights,privileges or interest in
any third party without mutual written agreement of the
parties hereto.
45 This Project Agreement is an exclusive contract and may not
be assigned in whole or in part without the prior written
approval of the Department.
DEP Agreement No.LW437 Page 12 °f 14
46.This Project Agreement represents the entire agreement of
the parties.Any alterations,variations,changes,
modificationsorwaiversofprovisionsofthis Project
Agreement shall only be valid when they have been reduced
to writing,duly executed by each of the parties hereto,
andattachedtotheoriginalofthisProjectAgreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LW437 PaSe 13 of 14
IN WITNESS WHEREOF,the parties hereto have caused this
Agreement to be duly executed,the day and year last written
below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF SOUTH MIAMI
By:
DivisionDirector
Division of Recreation and Parks
and State Liaison Officer
(Or Designee)
By:.
Person Authorized to Sign
Date:
Address:
BureauofDesignandRecreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard <
Mail Station 585
Tallahassee,Florida 32399-3000
Qkttt^
Printed Name
Title
Date:
Address
DEP Grant Manager
Approved as to Form and Legality
forusefor one yearby Suzanne Brantley,
Assistant General Counsel,on
February 19,2003.
Grantee Attorney
Attachments:
Attachment A
Attachment B
Attachment C
Special Audit Requirements (5 pages)
Disclosure of Lobbying Activities (2 pages)
Certification Regarding Debarment/Suspension (2 pages)
FPS-A046
Revised 01/03
DEPAgreementNo.LW437 Page14 of 14
ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department""DEP","FDEP"or "Grantor",or other name in the contract/agreement)to the recipient
(which may be referred to as the "Contractor",Grantee"or other name in the contract/agreement)may be subject
to audits and/or monitoring by the Department ofEnvironmental Protection,as described in this attachments.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,F.S.,as
revised (see "AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by
Department staff,limited scope audits as defined by OMB Circular A-133,as revised,and/or other procedures.By
entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection.In the event toe
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I:FEDERALLY FUNDED
This part is applicable if the recipient is aState or local government or anon-profit organization as defined in OMB
Circular A-133,asrevised.
1.In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year;the recipient
must have asingle or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133 as revised.EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
ofEnvironmental Protection by this Agreement In determining the Federal awards expended in its fiscal
vear the recipient shall consider all sources of Federal awards,including Federal resources received from
die Department of Environmental Protection.The determination of amounts of Federal awards expendedshouldbeinaccordancewiththeguidelinesestablishedbyOMBCircularA-133,as reused.An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised,will meet the requirements of this part
In connection with the audit requirements addressed in Part I,paragraph 1.,the'recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as
revised.
If the recipient expends less than $300,000 in Federal awards in its fiscal year an audit conducted hi
accordance with the provisions of OMB Circular A-133,as revised,is not required In the event that flie
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audi
conducted in accordance with the provisions of OMB Circular A-133,as revised,the cost of the audit must
be paid from non-Federal resources (i.e.,the cost of such an audit must be paid from recipient resources
obtainedfromotherthanFederal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA)via
the internet at http://aspe.os.dhhs.gov/cfda.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LW437,Attachment A,Page 1of5
DEP55-215(01/02)
PART H:STATE FUNDED
This part is applicable ifthe recipient is a nonstate entity as defined by Section 215.97(2)(1),Florida Statutes.
1.In the event that the recipient expends a total amount ofState financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules ofthe Executive
Office of the Governor and the Chief Financial Officer;and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General.EXHIBIT 1 to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement.In determining the State financial assistance expended in its fiscal year,the
recipient shall consider all sources of State financial assistance,including State financial assistance
received from the Department of Environmental Protection,other state agencies,and other nonstate
entities.State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2 In connection with the audit requirements addressed in Part II,paragraph 1,the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7),Florida Statutes.This includes submission
of a financial reporting package as defined by Section 215.97(2)(d),Florida Statutes,and Chapters 10.550
(local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor
General.
3Ifthe recipient expends less than $300,000 in State financial assistance in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97,Florida Statutes,is not required.In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions ofSection 215.97,Florida Statutes,the cost ofthe audit
must be paid from the non-State entity's resources (i.e.,the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4 For information regarding the Florida Catalog of State Financial Assistance (CSFA),a recipient should
access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the
Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance,hi
addition to the above websites,the following websites may be accessed for information:Legislature's
Website httpV/www.leg.state.fl.us/.Governor's Website http://www.flgov.com/.Department of Banking
and Finance's Website http-//www.dbf.state.fl.us/.and the Auditor General's Website
http://www.state.fl.us/audgen.
PART IE:OTHER AUDIT REQUIREMENTS
(NOTE-This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely amatter of that State awarding entity's policy (i.e.,the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements).Pursuant to Section 215.97(7)(m),Florida
Statutes State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97,Florida Statutes.In such an event,the State awarding agency must
arrange for finding the full cost ofsuch additional audits.)
PART IV:REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revise*^and
required by PART I of this Agreement shall be submitted,when required by Section .320 (d),OMB
Circular A-133,as revised,by or on behalf ofthe recipient directly to each ofthe following:
A.The Department ofEnvironmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Officeofthe Inspector General,MS40
2600 Blair Stone Road
Tallahassee,Florida32399-2400
DEP Agreement No.LW437,Attachment A,Page 2of5
DEP55-215(01/02)
1.
B The Federal Audit Clearinghouse designated in OMB Circular A-133,as revised (the number of
copies required by Sections .320 (d)(1)and (2),OMB Circular A-133,as revised,should be
submitted tothe Federal Audit Clearinghouse),atthe following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
C.Other Federal agencies and pass-through entities in accordance with Sections .320 (e)and (f),
OMB Circular A-133,as revised.
2 Pursuant to Section .320(f),OMB Circular A-133,as revised,the recipient shall submit a copy of the
reporting package described in Section .320(c),OMB Circular A-133,as revised,and any management
letters issued by the auditor,to the Department ofEnvironmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Officeofthe Inspector General,MS40
2600 Blair Stone Road
Tallahassee,Florida32399-2400
3.Copies of financial reporting packages required by PART Hof this Agreement shall be submitted by or on
behalf ofthe recipient directly to each of the following:
A.The Department ofEnvironmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Officeofthe Inspector General,MS40
2600 Blair Stone Road
Tallahassee,Florida32399-2400
B.The Auditor General's Office atthe following address:
State of FloridaAuditorGeneral
Room 401,ClaudePepperBuilding
111 West Madison Street
Tallahassee,Florida32399-1450
4 Copies of reports or management letters required by PART HI of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Officeofthe Inspector General,MS40
2600 Blair Stone Road
Tallahassee,Florida32399-2400
5 Any reports,management letters,or other information required to be submitted to the Departoent of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133,Florida Statutes,or Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
6 Recipients,when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133,or Chapters 10.550 (locd governmentol entihe)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,should mdicate the datethatthereportingpackagewasdeliveredtotherecipientincorrespondenceaccompanyingthereporting
package.
DEP Agreement No.LW437,Attachment A,Page 3of5
DEP55-215(01/02)
PART V:RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued,and shall allow the Department of Environmental
Protection,or its designee,Chief Financial Officer,or Auditor General access to such records upon request The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee,Chief Financial Officer,or Auditor General upon request for a period of 3 years from the date the
audit report is issued,unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LW437,Attachment A,Page 4of5
DEP55-215(01/02)
EXHIBIT -1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
BaH»,ai Resources Awarded tothe Recipient Pursuant tothis Agreement Consists the Following!
Federal
Program
Number
12-00437
Federal Agency
U.S.Departmentof
Interior
CFDA
Number
15-916
CFDA Title
Land andWater Conservation Fund
Funding Amount
$100,000.00
State
Appropriation
Category
140001-03
|c^pocn.,^Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matchin^Resources for Federal*°*™£
Appropriation
Category
Federal
Program
Number Federal Agency CFDA CFDA Title Funding Amount
State Resources
Awa«iPd tothe Recipient Pursuant to this Agreement Consist ofthe Following Resources Subject to Section 215.97,F.S.:
Catalog of
State
Financial
Assistance
Number
State
Program
Number
Funding Source
State
Fiscal Year
CSFA Title
or
Funding Source Description Funding Amount
State
Appropriation
Category
Total Award I $100,000.00 1^^:^IJfI
ErK«^^Sr.s5K553K*»«33S£
DEP Agreement No.LW437,Attachment A.Page 5 of5
DEP55-215 (01/02)
Approved byOMB
0348-0046
ATTACHMENT B
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352
(See reverse forpublicburden disclosure.)
1.TypeofFederalAction:2.Status of Federal Action:3.Report Type:
•.....a.initial filing
b.materialchange
For Material Change Only:
•
a.contract
b.grant
c.cooperativeagreement
d.loan
e.loanguarantee
f.loan insurance
•
a.bid/offer/application
b.initial award
c.post-award
4.NameandAddress of Reporting Entity:
Q Prime Q Subawardee
Tier
Congressional District,if known:
6.Federal Department/Agency:
8.Federal Action Number,if known:
_,ifknown:
10.a.NameandAddressofLobbyingEntity
(ifindividual,last name,first name,MI):
year.quarter.
date of last report.
5.If Reporting Entity in No.4is Subawardee,Enter Name
and Address of Prime:
Congressional District,if known:
7.FederalProgram Name/Description:
CFDANumber,tf applicable:
9.Award Amount,ifknown:
$
b.Individuals Performing Services (including address if
different from No.10a)
(last name,first name,Ml):
(attach Continuation Sheetfs)SF-LLLA.if necessary)
11.InformaUon requested through this form is authorized by title 31 U.S.C.
section 1352.This disclosure of lobbying activities isa material
representation or fact upon which reliance was placed by the tier above
when this transaction was made orentered into.This disclosure is required
pursuant to 31 U.S.C.1352.This information will be reported to Congress
Bemi-annually and will be available for public Inspection.Any person who
fails to ffle the required disclosure shall be subject to a civil penalty ofnot
less than $10,000 and not more than $100,000 for each such failure.
Form DEP 55-221 (01/01)
DEP Agreement No.LW437,Attachment B,Page 1of2
Signature:
Print Name:.
Title:
Telephone No.:._JDate:
Authorized forLocal Reproduction
StandardForm -LLL (Rev7-97)
INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at
the initiation or receipt ofa covered Federal action,or a material change to a previous filing,pursuant to title 31
USC section 1352.The filing ofa form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of
Congress,an officer or employee of Congress,or an employee of aMember of Congress in connection with acovered
Federal action.Complete all items that apply for both the initial filing and material change report Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1.Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of acoveredFederalaction.
2.Identify the status ofthe covered Federal action.
3 Identify the appropriate classification of this report.If this is a followup report caused by a material
change to the information previously reported,enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4 Enter the full name,address,city,state and zip code of the reporting entity.Include Congressional
District,if known.Check the appropriate classification of the reportmg entity that designates if it is or
expects to be,a prime or subaward recipient Identify the tier of the subawardee,e.g.,the first
subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5 If the organization filing the report in item 4 checks "Subawardee",then enter the full name,address,
city,state and zip code of the prime Federal recipient Include Congressional District,ifknown.
6 Enter the name of the Federal agency making the award or loan commitment Include at least one
organizational level below agency name,if known.For example,Department of Transportation,United
States Coast Guard.
7 Enter the Federal program name or description for the covered Federal action (item 1).If known,enter
the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,
loans,and loan commitments.
8 Enter the most appropriate Federal identifying number available for the Federal action identified in
'item 1(e.g.,Request for Proposal (RFP)number;Invitation for Bid (IFB)number;grant announcement
number;the contract,grant,or loan award number;the application/proposal control number assigned
by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001."
9 For acovered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount ofthe award/loan commitment for the prime entity identified in item 4 or 5.
10.(a)Enter the fall name,address,city,state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b)Enter the fall names of the individuals)performing services,and include fall address if different
from 10 (a).Enter Last Name,First Name,and Middle Initial (MI).
11.The certifying official shall sign and date the form,print his/her name,title and telephone number.
According to the Paperwork Reduction Act,as amended,no persons are requh-ed to respond ^acoUectJon of tofjg^»gg»
,«crj*v7T valid OMBControl Number.The valid OMB control number for this information collection is OMB No.0348-0046.ruoiic2,burlenTr STcoU«Z"f Sormation is estimated to average 30 minutes per response,*f^^te ?£*
Form DEP 55-221 (01/01)
DEP Agreement No.LW437,Attachment B,Page 2of2
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS,SUSPENSION,INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO:LW437
1.The undersigned hereby certifies that neither it nor its principals is presently debarred,suspended,proposed for debarment,
declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency.
2.The undersigned also certifies that it and its principals:
(a)Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or
performing apublic (Federal,State or local)transaction or contract under apublic transaction;violation of Federal or
State anti-trust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,
making false statements,or receiving stolen property.
(b)Are not presently indicted for or otherwise criminaUy or civilly charged by a governmental entity (Federal,State or
local)with commission of any of the offenses enumerated in paragraph 2.(a)of this Certification;and
(c)Have not within a three-year period preceding this certification had one or more public transactions (Federal,State or
local)terminated for cause or default.
3.Where the undersigned is unable to certify to any of the statements in this certification,an explanation shall be attached to this
certification.
Dated this.day of..,20.
By.
AuthorizedSignature/Contractor
Typed Name/Title
Contractor's Firm Name
Street Address
Building,SuiteNumber
City/State/Zip Code
Form DEP 55-220 (01/01)
Area Code/Telephone Number
Page1of2
DEP Agreement No.LW437,Attachment C,Page 1of2
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1.By signing and submitting this form,the certifying party is providing the certification setoutbelow.
2.The certification inthis clause isa material representation of fact upon which reliance was placed whenthis transaction was
entered into.Ifitis later determined thatthe certifying party knowingly rendered an erroneous certification,in addition to other
remedies available tothe Federal Government,the Department of Environmental Protection (DEP)or agencies with which this
transaction originated may pursue available remedies,including suspension and/or debarment
3.The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4.The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person,primary
covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549.You may contact the person to which this
contractissubmittedforassistanceinobtainingacopy of thoseregulations.
5.The certifying party agrees by submitting this contract that,should the proposed covered transaction be entered into,it shall not
knowingly enter into any lower tier contract,or other covered transaction with a person who is proposed for debarment under 48
CFR 9,subpart 9.4,debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered
transaction,unless authorized bytheDEPor agency withwhichthis transaction originated.
6.The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification,in all
contracts orlowertiercovered transactions andinallsolicitationsforlowertiercoveredtransactions.
7.A participant ina covered transaction may rely upon acertification ofa prospective participant inalower tier covered transaction
that itis not is proposed for debarment under 48 CFR 9,subpart 9.4,debarred,suspended,ineligible,or voluntarily excluded
from the covered transaction,unless it knows that the certification is erroneous.A participant may decide the method and
frequency by which it determines the eligibility of its principals.Each participant may,but is not required to,check the
Nonprocurement List (Telephone No.(202)501-4740 or (202)501-4873.)
8.Nothing contained in the foregoing shall be construed to require establishment ofa system of records in order to render in good
faith the certification required by this clause.The knowledge and information ofa participant is not required to exceed that
which is normally possessed bya prudent person inthe ordinary course of business dealings.
9.Except for transactions authorized under paragraph 5of these instructions,ifa participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9,subpart 9.4,
suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies
available to the Federal Government,the DEP or agency with which this transaction originated may pursue available remedies,
includingsuspension and/ordebarment.
DEP FORM 55-220(01/01)Page2 of 2
DEP Agreement No.LW437,Attachment C,Page 2of2